Encinitas schools may sue city over school site

The Pacific View Elementary School in Encinitas, built in 1953, closed in 2003 due to declining enrollment. This stucco arch used to hold a bell, which has since been donated to the Encinitas Historical Society.
— John Gastaldo

The Pacific View Elementary School in Encinitas, built in 1953, closed in 2003 due to declining enrollment. This stucco arch used to hold a bell, which has since been donated to the Encinitas Historical Society.
— John Gastaldo

ENCINITAS  The Encinitas Union School District and the city appear to be headed toward a lawsuit over what to do with the former Pacific View Elementary School.

“I have a very optimistic view of what would happen if we went to trial on this,” said District Superintendent Tim Baird. “I don’t want to see city dollars spent that way, but we’re going to do what works best for our students.”

Encinitas Union permanently closed the now decrepit school in 2003, and has sought to capitalize financially on the 2.8-acre prime coastal property ever since. Years of redevelopment proposals, such as a mixed-use housing and retail center as well as a medical facility, faced vehement opposition from residents and failed.

The tipping point may have been reached Nov. 10 when the City Council denied rezoning the site from a public facility to match the surrounding residential neighborhood, a move state law allows. A rezone would have allowed more flexibility in the site’s redevelopment and increased the land’s value.

The council, however, denied the district’s request in a 4-0 vote. District Superintendent Tim Baird sent a letter to the city Nov. 29 asking Encinitas to revisit its decision. The city did not respond due to a perceived threat of a lawsuit.

“We have put forth a community supported plan for mixed use and most recently we have asked for the property to be rezoned,” Baird wrote in the letter. “In both cases, we have been denied. This property cannot remain a falling down school building forever.”

The City Council is expected to give final approval of denying the rezone Jan. 12. School district Trustee Marla Strich said the board would consult with lawyers but has not yet decided on its next steps. Encinitas Councilwoman Teresa Barth said she and her colleagues have been advised not to comment because of the possible suit.

Despite state code allowing the school rezone, Barth said, other laws, such as the Coastal Act, may take precedence. City Council member reasoning for the denial varied: Jerome Stocks said he could not support the rezone until further studies were done. Maggie Houlihan said Pacific View is a “jewel” integral to community character. James Bond said it is wrong for the district to sell its assets to help cover current expenses.

Pacific View sits about a block from the ocean in Old Encinitas. It has fallen into disrepair since closing due to declining enrollment. Baird said the building has mold, asbestos, and even a bee infestation. It also needs extensive work on its infrastructure.

A rezone would have allowed the land to be divided into 24 lots of 5,000 square feet. Baird said a prerecession estimate of the property if rezoned would be about $13 million. He said the current zoning, which only allows for government headquarters and medical facilities, makes it less valuable.

The City Council rejected the rezone after overwhelming public testimony in favor of turning the school into an arts and cultural center. Since that decision, Dody Crawford, president of the Downtown Encinitas MainStreet Association, sent Baird a detailed proposal in a Dec. 1 letter, outlining a way to turn the school into an arts center. Crawford said in an e-mail Wednesday the district could receive $200,000 a year from the facility alone.

But that’s likely not enough for Encinitas Union.

Baird said it would cost more to renovate Pacific View than to build an entire new facility, and that the district would need to be guaranteed an adequate amount of income.

Encinitas Union cut $5.9 million from its budget last year and Baird has said he expects further reductions this year. Encinitas voters passed a $44 million school bond measure in the November election, but Baird said those funds are earmarked and cannot be used for general expenditures, while profits from Pacific View could.